Under Virginia environmental law, wetlands disturbance requires permits from which agencies?
Correct Answer
B) Both Virginia DEQ and U.S. Army Corps of Engineers
Wetlands disturbance in Virginia requires permits from both the Virginia Department of Environmental Quality and the U.S. Army Corps of Engineers under joint federal-state jurisdiction.
Why This Is the Correct Answer
Wetlands in Virginia fall under dual jurisdiction. The federal Clean Water Act Section 404 gives the U.S. Army Corps of Engineers authority over dredge-and-fill activities in navigable waters and adjacent wetlands. Virginia's Wetlands Act and the Virginia Water Protection Permit program give the Virginia Department of Environmental Quality (DEQ) parallel state authority. Both permits are required before any disturbance begins.
Why the Other Options Are Wrong
Option A: Local environmental authority only
There is no stand-alone 'local environmental authority' with wetlands permitting power. Local jurisdictions may have zoning or Chesapeake Bay Preservation Area ordinances, but wetlands permits are issued at the state (DEQ) and federal (Corps) levels, not locally.
Option C: Virginia DEQ only
Virginia DEQ alone is insufficient. Federal jurisdiction under Section 404 of the Clean Water Act means the Army Corps of Engineers must also issue a permit. Obtaining only a state permit while disturbing wetlands that fall under federal jurisdiction violates federal law.
Option D: U.S. Army Corps of Engineers only
The Army Corps alone is insufficient. Virginia has its own Wetlands Act and Virginia Water Protection Permit requirements administered by DEQ. Ignoring the state permit exposes a contractor to state enforcement actions, stop-work orders, and restoration orders.
Memory Technique
Remember 'Double Wet': Wetlands = Two permits. State (DEQ) + Federal (Corps). Think of it as needing two keys to open the same lock before you touch any wetland.
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